Expect more FIRs against social media platforms, users on CSAM content: NCPCR chief

NCPCR has slapped a summons to YouTube and called one of its executives to its office, asking for explanation on certain videos on the platform

Just a couple of days after the NCPCR registered a case against YouTube and the Maharashtra Police registered a case against the platform based on “indecent” videos featuring mothers and their children, Moneycontrol spoke to NCPCR Chairman Priyank Kanoongo who said, “More cases will be registered against the platforms in the next couple of days.”

On Jan 10, the NCPCR filed a case against YouTube, based on Sec 14, Paragraph 1, of the NCPCR’s Children’s Act, 2005. The complaint alleged that some channels on YouTube were posting “challenge videos” that showed “potentially indecent acts” involving mothers and their sons.

The notice was addressed to YouTube's head of government affairs and public policy Mira Chatt. NCPCR asked the YouTube executive to make a physical appearance at the NCPCR office "along with the list of all such challenges running on YouTube and list of channels on YouTube running such challenges involving minors".

Two days before the issuance of the notice, the Maharashtra Police, based on directions of the NCPCR, registered a case against a YouTube channel operator who was uploading such videos, and the social media platform itself.

"Recently, the Commission has come across a YouTube channel called "XXXX vlogs" that showcases a disturbing situation. In one of the videos, a woman is observed participating in a “XXXX challenge” with her minor child. Further, the inquiry revealed that the operator of this channel resides in XXXX District of Maharashtra. This discovery raises significant concerns regarding the potential harm it may cause to the child's well-being and safety," said a note by NCPCR.

Taking cognisance of a notice by NCPCR, the cyber cell of Maharashtra Police registered a case under Sec 15,19 of the POCSO Act, 67B of the IT Act and Sec 509 of IPC.

Speaking to Moneycontrol, Kanoongo said, "We had asked several police authorities across the country to take action against users who upload CSAM content and also on the platforms. So far now, the first FIR has been lodged, and we are expecting more in the days to come. We will ensure action against all perpetrators."

Kanoongo said that the government expects child sexual abuse material (CSAM) content to not just be taken down by the platform, but that the platform should also initiate legal action against concerned persons.

This is not the first time that social media platforms have come under the scanner of the government regarding CSAM content.

In October 2023, the Ministry of Electronics and Information Technology (MeitY) issued notices to social media platforms X (formerly Twitter), Youtube and Telegram, directing them to remove CSAM from their platforms on the Indian internet.

The government had warned that non-compliance with these notices may result in the loss of safe harbour protection that social media platforms enjoy under Section 79 of the IT Act. A loss of safe harbour would imply that platforms would be liable for third-party content published on the platform.

YouTube had then responded by saying that despite "multiple thorough investigations" it had not detected CSAM on its platform, or received examples or evidence of any such content on the Google-owned video platform from regulators.

Moneycontrol has reached out to YouTube regarding NCPCR's notice and Maharashtra Police's FIR against the platform, and the article will be updated when a response is received.